Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic; Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41, 44756-44758 [2017-20480]

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44756
Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules
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[FR Doc. 2017–20586 Filed 9–25–17; 8:45 am]
BILLING CODE 6712–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
RIN 0648–BG77
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 41
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice of availability; request
for comments.
AGENCY:
The South Atlantic Fishery
Management Council (South Atlantic
Council) has submitted Amendment 41
to the Fishery Management Plan (FMP)
for the Snapper-Grouper Fishery of the
South Atlantic Region (SnapperGrouper FMP) for review, approval, and
implementation by NMFS. Amendment
41 would revise management reference
points, annual catch limits (ACLs),
optimum yield (OY), and management
measures for mutton snapper in the
South Atlantic based on the results of
the most recent stock assessment. The
purpose of Amendment 41 is to ensure
that mutton snapper is managed based
on the best scientific information
available to achieve OY and to prevent
overfishing, while minimizing adverse
SUMMARY:
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Sfmt 4702
social and economic effects to the extent
practicable.
DATES: Written comments on
Amendment 41 must be received by
November 27, 2017.
ADDRESSES: You may submit comments
on Amendment 41, identified by
‘‘NOAA–NMFS–2017–0103,’’ by either
of the following methods:
• Electronic submission: Submit all
electronic comments via the Federal
e-Rulemaking Portal. Go to
www.regulations.gov/#!docketDetail;D=
NOAA-NMFS-2017-0103, click the
‘‘Comment Now!’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Submit written comments to
Mary Vara, NMFS Southeast Regional
Office, 263 13th Avenue South, St.
Petersburg, FL 33701.
Instructions: Comments sent by any
other method, to any other address or
individual, or received after the end of
the comment period, may not be
considered by NMFS. All comments
received are a part of the public record
and will generally be posted for public
viewing on www.regulations.gov
without change. All personal identifying
information (e.g., name, address, etc.),
confidential business information, or
otherwise sensitive information
submitted voluntarily by the sender will
be publicly accessible. NMFS will
accept anonymous comments (enter
‘‘N/A’’ in required fields if you wish to
remain anonymous).
Electronic copies of Amendment 41
may be obtained from
www.regulations.gov or the Southeast
Regional Office Web site at http://
sero.nmfs.noaa.gov. Amendment 41
includes an environmental assessment,
regulatory impact review, Regulatory
Flexibility Act analysis, and fishery
impact statement.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) requires each
regional fishery management council to
submit FMPs or amendments to NMFS
for review and approval, partial
approval, or disapproval. The
Magnuson-Stevens Act also requires
that NMFS, upon receiving an FMP or
amendment, publish an announcement
in the Federal Register notifying the
public that the FMP or amendment is
available for review and comment.
Amendment 41 to the SnapperGrouper FMP was prepared by the
South Atlantic Council and, if
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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules
approved, would be implemented by
NMFS through regulations at 50 CFR
part 622 under the authority of the
Magnuson-Stevens Act.
Background
The Magnuson-Stevens Act requires
that NMFS and regional fishery
management councils prevent
overfishing and achieve, on a
continuing basis, the OY from federally
managed fish stocks. These mandates
are intended to ensure that fishery
resources are managed for the greatest
overall benefit to the nation, particularly
with respect to providing food
production and recreational
opportunities, and protecting marine
ecosystems. To further this goal, the
Magnuson-Stevens Act requires fishery
management councils to minimize
bycatch and bycatch mortality to the
extent practicable.
Mutton snapper are harvested
throughout the Gulf of Mexico (Gulf)
and South Atlantic, although harvest
predominately occurs around the
Florida Keys. In the South Atlantic,
mutton snapper are part of the snappergrouper fishery, and the South Atlantic
Council manages this fishery under the
Snapper-Grouper FMP. In the Gulf,
mutton snapper are part of the reef fish
fishery, and the Gulf of Mexico Fishery
Management Council (Gulf Council)
manages this fishery under the FMP for
Reef Fish Resources of the Gulf of
Mexico. The jurisdictional boundary
between the South Atlantic and Gulf
Councils is specified at 50 CFR
600.105(c), and is located approximately
in the Florida Keys (Monroe County,
FL). The mutton snapper stock in the
Gulf and South Atlantic was assessed in
2008 (Southeast Data, Assessment, and
Review Assessment 15A (SEDAR 15A)),
with a single acceptable biological catch
(ABC) that encompasses both councils’
areas of jurisdiction. The South Atlantic
and Gulf Councils, with the advice of
their Scientific and Statistical
Committees (SSCs), apportioned this
total ABC between the councils’ FMPs
based on historical landings. The final
rules for the South Atlantic Council’s
Comprehensive ACL Amendment (77
FR 15916, March 16, 2012) and the Gulf
Council’s Generic ACL Amendment (76
FR 82044, December 29, 2011) allocated
the total mutton snapper ABC as 82
percent in the South Atlantic and 18
percent in the Gulf.
In 2015, there was an update to
SEDAR 15A for the mutton snapper
stock in the South Atlantic and Gulf
using data through 2013 (SEDAR 15A
Update). The SEDAR 15A Update
indicated that in the South Atlantic and
Gulf, the mutton snapper stock is
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15:06 Sep 25, 2017
Jkt 241001
neither overfished nor undergoing
overfishing. However, improvements to
the modeling approach used in the
SEDAR 15A Update resulted in smaller
population estimates than demonstrated
in SEDAR 15A. The South Atlantic and
Gulf Councils’ SSCs reviewed the
SEDAR 15A Update and recommended
a reduction in the stock’s total ABC.
Based on results from the SEDAR 15A
Update and recommendations from its
SSC, the South Atlantic Council is
taking action through Amendment 41 to
revise its management of mutton
snapper in the South Atlantic. The Gulf
Council is also examining management
alternatives for mutton snapper in the
Gulf exclusive economic zone (EEZ)
through a framework amendment to the
FMP for Reef Fish Resources of the Gulf
of Mexico.
Actions Contained in Amendment 41
Amendment 41 contains actions to
revise management reference points,
fishing levels, and management
measures for mutton snapper in the
South Atlantic. Unless otherwise noted,
all weights of mutton snapper are
described in round weight.
Maximum Sustainable Yield and
Minimum Stock Size Threshold
Currently, the maximum sustainable
yield (MSY) for mutton snapper in the
South Atlantic equals the yield
produced by the fishing mortality rate at
MSY (FMSY) (where F equals fishing
mortality that if applied constantly,
would achieve MSY under equilibrium
conditions). The FMSY proxy is F30%SPR,
or the fishing mortality that will
produce a static spawning per recruit.
Amendment 41 would change the MSY
definition to the yield produced by FMSY
or the FMSY proxy, with the MSY and
FMSY proxy recommended by the most
recent stock assessment. If this MSY
definition is implemented, future MSY
numerical values could be updated
following a stock assessment, SSC
review and recommendation, and
acceptance of that recommendation by
the South Atlantic Council. Currently,
MSY numerical values for mutton
snapper are not specified because the
South Atlantic Council did not specify
the MSY estimate from SEDAR 15A.
Based on the SEDAR 15A Update and
the new MSY definition, the resulting
MSY for the mutton snapper stock in
the South Atlantic would be 912,500 lb
(413,903 kg).
Currently, the minimum stock size
threshold (MSST) is equal to the
spawning stock biomass at MSY
(SSBMSY)*(1–M) or 0.5, whichever is
greater (where M equals natural
mortality). Amendment 41 would
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44757
change the MSST definition to 75
percent of SSBMSY, which results in an
MSST of 3,486,900 lb (1,581,631 kg).
The SEDAR 15A Update estimated the
natural mortality for mutton snapper at
0.17, and the proposed MSST for
mutton snapper in Amendment 41 is
consistent with how the South Atlantic
Council has defined MSST for other
snapper-grouper stocks with similarly
low natural mortality estimates.
Commercial and Recreational ACLs
The current total ABC for mutton
snapper in the South Atlantic and Gulf
jurisdictions is 1,130,000 lb (512,559
kg). Based on the South Atlantic and
Gulf Councils’ agreed apportionment of
the mutton snapper ABC between their
FMPs, the current ABC for mutton
snapper in the South Atlantic is 926,600
lb (420,299 kg), and the South Atlantic
Council set the ABC equal to the OY
and the total ACL. The South Atlantic
Council then further allocated the total
ACL between the commercial sector
(17.02 percent) and recreational sector
(82.98 percent), resulting in the
commercial ACL of 157,743 lb (71,551
kg) and the recreational ACL of 768,857
lb (348,748 kg). Amendment 41 would
revise the ABC and the commercial and
recreational ACLs for mutton snapper in
the South Atlantic for the 2017 through
2020 and subsequent fishing years,
consistent with the existing
apportionment between the two
councils’ FMPs and the existing sector
allocations.
As described in Amendment 41, the
South Atlantic Council’s SSC
recommended that the ABC be specified
in numbers of fish, based on landing
projections from the stock assessment.
The South Atlantic Council agreed with
this recommendation for the ABC, but
specified the commercial ACL in
pounds and the recreational ACL in
numbers of fish because commercial
landings are already tracked in pounds,
while recreational landings are tracked
in numbers of fish. In addition, because
Amendment 41 would increase the
minimum size limit for mutton snapper,
the South Atlantic Council was
concerned that specifying the
recreational ACL in pounds could
increase the risk of exceeding the
recreational ACL if the method for
converting the ACL in numbers to
pounds does not sufficiently address the
change in average weight of larger,
heavier fish. Therefore, the South
Atlantic Council determined that there
would be a reduced risk of exceeding
the recreational ACL due to an increase
in the minimum size limit if the ABC
and recreational ACL were specified in
numbers of fish. Because the current
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Federal Register / Vol. 82, No. 185 / Tuesday, September 26, 2017 / Proposed Rules
ABC and recreational ACL are specified
in pounds, and the new ABC and
recreational ACL are specified in
numbers of fish, Appendix J to
Amendment 41 includes a detailed
account of the methodology used to
specify the ABC and recreational ACL in
numbers of fish. As a reference for
comparing numbers of fish to pounds of
fish, the average weight of a
recreationally harvested mutton snapper
in 2017 is 4.2 lb (1.9 kg) per fish.
Based on results from the SEDAR 15A
Update and the SSC’s recommended
ABC, Amendment 41 would decrease
the ABC for mutton snapper in the
South Atlantic to 129,150 fish for the
2017 fishing year, 134,890 fish for 2018,
138,826 fish for 2019, and 141,614 fish
for 2020 and subsequent fishing years.
The proposed commercial ACLs for
mutton snapper are 100,015 lb (45,366
kg) for 2017, 104,231 lb (47,278 kg) for
2018, 107,981 lb (48,979 kg) for 2019,
and 111,354 lb (50,509 kg) for 2020 and
subsequent fishing years.
The proposed recreational ACLs for
mutton snapper are 116,127 fish for
2017, 121,318 fish for 2018, 124,766 fish
for 2019, and 127,115 fish for 2020 and
subsequent fishing years.
Recreational ACTs
The current recreational ACT for
South Atlantic mutton snapper is
668,906 lb (303,411 kg). Amendment 41
would specify a recreational ACT (equal
to 85 percent of the recreational ACL) of
98,708 fish for 2017. The recreational
ACT would increase annually from 2017
through 2020, and would remain in
effect until modified. The recreational
ACT would be 103,121 fish for 2018,
106,051 fish for 2019, and 108,048 fish
for 2020 and subsequent fishing years.
NMFS notes that the current and
proposed recreational ACTs are used
only for monitoring and do not trigger
a recreational accountability measure.
Minimum Size Limit
The current minimum size limit for
the commercial and recreational sectors
of mutton snapper is 16 inches (40.6
cm), total length (TL), and Amendment
41 would increase the minimum size
limit to 18 inches (45.7 cm), TL. Recent
scientific information indicates that the
size at which 50 percent of mutton
snapper are sexually mature is 16 inches
(40.6 cm), TL, for males and 18 inches
(45.7 cm), TL, for females. Increasing
the minimum size limit to 18 inches
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15:06 Sep 25, 2017
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(45.7 cm), TL, would allow more
individuals to reach reproductive
activity before being susceptible to
harvest, and is also projected to increase
the average size and the corresponding
average weight of fish harvested.
Spawning Months
Currently, there is no designated
spawning season for mutton snapper in
the South Atlantic; however, to protect
spawning fish, a May through June
seasonal harvest limitation applies to
vessels with a Federal commercial
permit for South Atlantic snappergrouper. There are no similar
management measures in place to
constrain recreational harvest in May
and June. Amendment 41 would
designate April through June as
spawning months, during which certain
management measures, such as the
proposed commercial trip limits, would
apply.
Commercial Trip Limits
Currently, there is no year-round
commercial trip limit for mutton
snapper in the South Atlantic. However,
during May and June of each year, there
is a seasonal harvest limitation
(equivalent to a commercial trip limit)
for the possession of mutton snapper in
or from the EEZ on board a vessel that
has a Federal commercial permit for
South Atlantic snapper-grouper. During
these two months, the commercial
harvest of mutton snapper is limited to
10 per person per day or 10 per person
per trip, whichever is more restrictive
(50 CFR 622.184(b)).
Amendment 41 would replace the
current seasonal harvest limitation for
the commercial sector each year in May
and June, and would implement
commercial trip limits for the purposes
of maintaining a year-round commercial
fishing season and reducing harvest on
mutton snapper spawning aggregations.
During the proposed mutton snapper
spawning months of April through June,
Amendment 41 would establish a
commercial trip limit of five fish per
person per day or five fish per person
per trip, whichever is more restrictive.
For the remainder of the year (January
through March and July through
December), Amendment 41 would
establish a 500-lb (227-kg) commercial
trip limit.
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Recreational Bag Limits
Currently, mutton snapper is part of
the 10 snapper combined recreational
bag limit in the South Atlantic that
applies throughout the fishing year (50
CFR 622.187(b)(4)). Through
Amendment 41, mutton snapper would
remain within the 10 snapper combined
recreational bag limit in the South
Atlantic, but a recreational bag limit of
5 mutton snapper per person per day
would apply within the overall 10
snapper combined bag limit, yearround. Amendment 41 would modify
the bag and possession limits for the
purposes of maintaining a year-round
recreational fishing season, and
reducing harvest on mutton snapper
spawning aggregations.
Proposed Rule for Amendment 41
A proposed rule that would
implement Amendment 41 has been
drafted. In accordance with the
Magnuson-Stevens Act, NMFS is
evaluating the proposed rule to
determine whether it is consistent with
the FMP, the Magnuson-Stevens Act,
and other applicable laws. If that
determination is affirmative, NMFS will
publish the proposed rule in the Federal
Register for public review and
comment.
Consideration of Public Comments
The South Atlantic Council has
submitted Amendment 41 for
Secretarial review, approval, and
implementation. Comments on
Amendment 41 must be received by
November 27, 2017. Comments received
during the respective comment periods,
whether specifically directed to
Amendment 41 or the proposed rule,
will be considered by NMFS in the
decision to approve, disapprove, or
partially approve Amendment 41.
Comments received after the comment
periods will not be considered by NMFS
in this decision. All comments received
by NMFS on Amendment 41 or the
proposed rule during their respective
comment periods will be addressed in
the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries,
National Marine Fisheries Service.
[FR Doc. 2017–20480 Filed 9–25–17; 8:45 am]
BILLING CODE 3510–22–P
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Agencies

[Federal Register Volume 82, Number 185 (Tuesday, September 26, 2017)]
[Proposed Rules]
[Pages 44756-44758]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-20480]
=======================================================================
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DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric Administration
50 CFR Part 622
RIN 0648-BG77
Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic;
Snapper-Grouper Fishery of the South Atlantic Region; Amendment 41
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Notice of availability; request for comments.
-----------------------------------------------------------------------
SUMMARY: The South Atlantic Fishery Management Council (South Atlantic
Council) has submitted Amendment 41 to the Fishery Management Plan
(FMP) for the Snapper-Grouper Fishery of the South Atlantic Region
(Snapper-Grouper FMP) for review, approval, and implementation by NMFS.
Amendment 41 would revise management reference points, annual catch
limits (ACLs), optimum yield (OY), and management measures for mutton
snapper in the South Atlantic based on the results of the most recent
stock assessment. The purpose of Amendment 41 is to ensure that mutton
snapper is managed based on the best scientific information available
to achieve OY and to prevent overfishing, while minimizing adverse
social and economic effects to the extent practicable.
DATES: Written comments on Amendment 41 must be received by November
27, 2017.
ADDRESSES: You may submit comments on Amendment 41, identified by
``NOAA-NMFS-2017-0103,'' by either of the following methods:
Electronic submission: Submit all electronic comments via
the Federal e-Rulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=NOAA-NMFS-2017-0103, click the ``Comment Now!'' icon,
complete the required fields, and enter or attach your comments.
Mail: Submit written comments to Mary Vara, NMFS Southeast
Regional Office, 263 13th Avenue South, St. Petersburg, FL 33701.
Instructions: Comments sent by any other method, to any other
address or individual, or received after the end of the comment period,
may not be considered by NMFS. All comments received are a part of the
public record and will generally be posted for public viewing on
www.regulations.gov without change. All personal identifying
information (e.g., name, address, etc.), confidential business
information, or otherwise sensitive information submitted voluntarily
by the sender will be publicly accessible. NMFS will accept anonymous
comments (enter ``N/A'' in required fields if you wish to remain
anonymous).
Electronic copies of Amendment 41 may be obtained from
www.regulations.gov or the Southeast Regional Office Web site at http://sero.nmfs.noaa.gov. Amendment 41 includes an environmental assessment,
regulatory impact review, Regulatory Flexibility Act analysis, and
fishery impact statement.
FOR FURTHER INFORMATION CONTACT: Mary Vara, NMFS Southeast Regional
Office, telephone: 727-824-5305, or email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The Magnuson-Stevens Fishery Conservation
and Management Act (Magnuson-Stevens Act) requires each regional
fishery management council to submit FMPs or amendments to NMFS for
review and approval, partial approval, or disapproval. The Magnuson-
Stevens Act also requires that NMFS, upon receiving an FMP or
amendment, publish an announcement in the Federal Register notifying
the public that the FMP or amendment is available for review and
comment.
Amendment 41 to the Snapper-Grouper FMP was prepared by the South
Atlantic Council and, if
[[Page 44757]]
approved, would be implemented by NMFS through regulations at 50 CFR
part 622 under the authority of the Magnuson-Stevens Act.
Background
The Magnuson-Stevens Act requires that NMFS and regional fishery
management councils prevent overfishing and achieve, on a continuing
basis, the OY from federally managed fish stocks. These mandates are
intended to ensure that fishery resources are managed for the greatest
overall benefit to the nation, particularly with respect to providing
food production and recreational opportunities, and protecting marine
ecosystems. To further this goal, the Magnuson-Stevens Act requires
fishery management councils to minimize bycatch and bycatch mortality
to the extent practicable.
Mutton snapper are harvested throughout the Gulf of Mexico (Gulf)
and South Atlantic, although harvest predominately occurs around the
Florida Keys. In the South Atlantic, mutton snapper are part of the
snapper-grouper fishery, and the South Atlantic Council manages this
fishery under the Snapper-Grouper FMP. In the Gulf, mutton snapper are
part of the reef fish fishery, and the Gulf of Mexico Fishery
Management Council (Gulf Council) manages this fishery under the FMP
for Reef Fish Resources of the Gulf of Mexico. The jurisdictional
boundary between the South Atlantic and Gulf Councils is specified at
50 CFR 600.105(c), and is located approximately in the Florida Keys
(Monroe County, FL). The mutton snapper stock in the Gulf and South
Atlantic was assessed in 2008 (Southeast Data, Assessment, and Review
Assessment 15A (SEDAR 15A)), with a single acceptable biological catch
(ABC) that encompasses both councils' areas of jurisdiction. The South
Atlantic and Gulf Councils, with the advice of their Scientific and
Statistical Committees (SSCs), apportioned this total ABC between the
councils' FMPs based on historical landings. The final rules for the
South Atlantic Council's Comprehensive ACL Amendment (77 FR 15916,
March 16, 2012) and the Gulf Council's Generic ACL Amendment (76 FR
82044, December 29, 2011) allocated the total mutton snapper ABC as 82
percent in the South Atlantic and 18 percent in the Gulf.
In 2015, there was an update to SEDAR 15A for the mutton snapper
stock in the South Atlantic and Gulf using data through 2013 (SEDAR 15A
Update). The SEDAR 15A Update indicated that in the South Atlantic and
Gulf, the mutton snapper stock is neither overfished nor undergoing
overfishing. However, improvements to the modeling approach used in the
SEDAR 15A Update resulted in smaller population estimates than
demonstrated in SEDAR 15A. The South Atlantic and Gulf Councils' SSCs
reviewed the SEDAR 15A Update and recommended a reduction in the
stock's total ABC. Based on results from the SEDAR 15A Update and
recommendations from its SSC, the South Atlantic Council is taking
action through Amendment 41 to revise its management of mutton snapper
in the South Atlantic. The Gulf Council is also examining management
alternatives for mutton snapper in the Gulf exclusive economic zone
(EEZ) through a framework amendment to the FMP for Reef Fish Resources
of the Gulf of Mexico.
Actions Contained in Amendment 41
Amendment 41 contains actions to revise management reference
points, fishing levels, and management measures for mutton snapper in
the South Atlantic. Unless otherwise noted, all weights of mutton
snapper are described in round weight.
Maximum Sustainable Yield and Minimum Stock Size Threshold
Currently, the maximum sustainable yield (MSY) for mutton snapper
in the South Atlantic equals the yield produced by the fishing
mortality rate at MSY (FMSY) (where F equals fishing
mortality that if applied constantly, would achieve MSY under
equilibrium conditions). The FMSY proxy is
F30SPR, or the fishing mortality that
will produce a static spawning per recruit. Amendment 41 would change
the MSY definition to the yield produced by FMSY or the
FMSY proxy, with the MSY and FMSY proxy
recommended by the most recent stock assessment. If this MSY definition
is implemented, future MSY numerical values could be updated following
a stock assessment, SSC review and recommendation, and acceptance of
that recommendation by the South Atlantic Council. Currently, MSY
numerical values for mutton snapper are not specified because the South
Atlantic Council did not specify the MSY estimate from SEDAR 15A. Based
on the SEDAR 15A Update and the new MSY definition, the resulting MSY
for the mutton snapper stock in the South Atlantic would be 912,500 lb
(413,903 kg).
Currently, the minimum stock size threshold (MSST) is equal to the
spawning stock biomass at MSY (SSBMSY)*(1-M) or 0.5,
whichever is greater (where M equals natural mortality). Amendment 41
would change the MSST definition to 75 percent of SSBMSY,
which results in an MSST of 3,486,900 lb (1,581,631 kg). The SEDAR 15A
Update estimated the natural mortality for mutton snapper at 0.17, and
the proposed MSST for mutton snapper in Amendment 41 is consistent with
how the South Atlantic Council has defined MSST for other snapper-
grouper stocks with similarly low natural mortality estimates.
Commercial and Recreational ACLs
The current total ABC for mutton snapper in the South Atlantic and
Gulf jurisdictions is 1,130,000 lb (512,559 kg). Based on the South
Atlantic and Gulf Councils' agreed apportionment of the mutton snapper
ABC between their FMPs, the current ABC for mutton snapper in the South
Atlantic is 926,600 lb (420,299 kg), and the South Atlantic Council set
the ABC equal to the OY and the total ACL. The South Atlantic Council
then further allocated the total ACL between the commercial sector
(17.02 percent) and recreational sector (82.98 percent), resulting in
the commercial ACL of 157,743 lb (71,551 kg) and the recreational ACL
of 768,857 lb (348,748 kg). Amendment 41 would revise the ABC and the
commercial and recreational ACLs for mutton snapper in the South
Atlantic for the 2017 through 2020 and subsequent fishing years,
consistent with the existing apportionment between the two councils'
FMPs and the existing sector allocations.
As described in Amendment 41, the South Atlantic Council's SSC
recommended that the ABC be specified in numbers of fish, based on
landing projections from the stock assessment. The South Atlantic
Council agreed with this recommendation for the ABC, but specified the
commercial ACL in pounds and the recreational ACL in numbers of fish
because commercial landings are already tracked in pounds, while
recreational landings are tracked in numbers of fish. In addition,
because Amendment 41 would increase the minimum size limit for mutton
snapper, the South Atlantic Council was concerned that specifying the
recreational ACL in pounds could increase the risk of exceeding the
recreational ACL if the method for converting the ACL in numbers to
pounds does not sufficiently address the change in average weight of
larger, heavier fish. Therefore, the South Atlantic Council determined
that there would be a reduced risk of exceeding the recreational ACL
due to an increase in the minimum size limit if the ABC and
recreational ACL were specified in numbers of fish. Because the current
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ABC and recreational ACL are specified in pounds, and the new ABC and
recreational ACL are specified in numbers of fish, Appendix J to
Amendment 41 includes a detailed account of the methodology used to
specify the ABC and recreational ACL in numbers of fish. As a reference
for comparing numbers of fish to pounds of fish, the average weight of
a recreationally harvested mutton snapper in 2017 is 4.2 lb (1.9 kg)
per fish.
Based on results from the SEDAR 15A Update and the SSC's
recommended ABC, Amendment 41 would decrease the ABC for mutton snapper
in the South Atlantic to 129,150 fish for the 2017 fishing year,
134,890 fish for 2018, 138,826 fish for 2019, and 141,614 fish for 2020
and subsequent fishing years.
The proposed commercial ACLs for mutton snapper are 100,015 lb
(45,366 kg) for 2017, 104,231 lb (47,278 kg) for 2018, 107,981 lb
(48,979 kg) for 2019, and 111,354 lb (50,509 kg) for 2020 and
subsequent fishing years.
The proposed recreational ACLs for mutton snapper are 116,127 fish
for 2017, 121,318 fish for 2018, 124,766 fish for 2019, and 127,115
fish for 2020 and subsequent fishing years.
Recreational ACTs
The current recreational ACT for South Atlantic mutton snapper is
668,906 lb (303,411 kg). Amendment 41 would specify a recreational ACT
(equal to 85 percent of the recreational ACL) of 98,708 fish for 2017.
The recreational ACT would increase annually from 2017 through 2020,
and would remain in effect until modified. The recreational ACT would
be 103,121 fish for 2018, 106,051 fish for 2019, and 108,048 fish for
2020 and subsequent fishing years. NMFS notes that the current and
proposed recreational ACTs are used only for monitoring and do not
trigger a recreational accountability measure.
Minimum Size Limit
The current minimum size limit for the commercial and recreational
sectors of mutton snapper is 16 inches (40.6 cm), total length (TL),
and Amendment 41 would increase the minimum size limit to 18 inches
(45.7 cm), TL. Recent scientific information indicates that the size at
which 50 percent of mutton snapper are sexually mature is 16 inches
(40.6 cm), TL, for males and 18 inches (45.7 cm), TL, for females.
Increasing the minimum size limit to 18 inches (45.7 cm), TL, would
allow more individuals to reach reproductive activity before being
susceptible to harvest, and is also projected to increase the average
size and the corresponding average weight of fish harvested.
Spawning Months
Currently, there is no designated spawning season for mutton
snapper in the South Atlantic; however, to protect spawning fish, a May
through June seasonal harvest limitation applies to vessels with a
Federal commercial permit for South Atlantic snapper-grouper. There are
no similar management measures in place to constrain recreational
harvest in May and June. Amendment 41 would designate April through
June as spawning months, during which certain management measures, such
as the proposed commercial trip limits, would apply.
Commercial Trip Limits
Currently, there is no year-round commercial trip limit for mutton
snapper in the South Atlantic. However, during May and June of each
year, there is a seasonal harvest limitation (equivalent to a
commercial trip limit) for the possession of mutton snapper in or from
the EEZ on board a vessel that has a Federal commercial permit for
South Atlantic snapper-grouper. During these two months, the commercial
harvest of mutton snapper is limited to 10 per person per day or 10 per
person per trip, whichever is more restrictive (50 CFR 622.184(b)).
Amendment 41 would replace the current seasonal harvest limitation
for the commercial sector each year in May and June, and would
implement commercial trip limits for the purposes of maintaining a
year-round commercial fishing season and reducing harvest on mutton
snapper spawning aggregations. During the proposed mutton snapper
spawning months of April through June, Amendment 41 would establish a
commercial trip limit of five fish per person per day or five fish per
person per trip, whichever is more restrictive. For the remainder of
the year (January through March and July through December), Amendment
41 would establish a 500-lb (227-kg) commercial trip limit.
Recreational Bag Limits
Currently, mutton snapper is part of the 10 snapper combined
recreational bag limit in the South Atlantic that applies throughout
the fishing year (50 CFR 622.187(b)(4)). Through Amendment 41, mutton
snapper would remain within the 10 snapper combined recreational bag
limit in the South Atlantic, but a recreational bag limit of 5 mutton
snapper per person per day would apply within the overall 10 snapper
combined bag limit, year-round. Amendment 41 would modify the bag and
possession limits for the purposes of maintaining a year-round
recreational fishing season, and reducing harvest on mutton snapper
spawning aggregations.
Proposed Rule for Amendment 41
A proposed rule that would implement Amendment 41 has been drafted.
In accordance with the Magnuson-Stevens Act, NMFS is evaluating the
proposed rule to determine whether it is consistent with the FMP, the
Magnuson-Stevens Act, and other applicable laws. If that determination
is affirmative, NMFS will publish the proposed rule in the Federal
Register for public review and comment.
Consideration of Public Comments
The South Atlantic Council has submitted Amendment 41 for
Secretarial review, approval, and implementation. Comments on Amendment
41 must be received by November 27, 2017. Comments received during the
respective comment periods, whether specifically directed to Amendment
41 or the proposed rule, will be considered by NMFS in the decision to
approve, disapprove, or partially approve Amendment 41. Comments
received after the comment periods will not be considered by NMFS in
this decision. All comments received by NMFS on Amendment 41 or the
proposed rule during their respective comment periods will be addressed
in the final rule.
Authority: 16 U.S.C. 1801 et seq.
Dated: September 20, 2017.
Alan D. Risenhoover,
Director, Office of Sustainable Fisheries, National Marine Fisheries
Service.
[FR Doc. 2017-20480 Filed 9-25-17; 8:45 am]
BILLING CODE 3510-22-P